LexisNexis® Legal Newsroom
Mealey's IP/Tech - U.S. Senate Passes Joint Resolution Disapproving FCC's Net Neutrality Repeal

WASHINGTON, D.C. - In a 52-47 vote, the U.S. Senate on May 16 passed Senate Joint Resolution 52, which expressed congressional disapproval of a February 2018 Federal Communications Commission rule that repealed the principle known as "net neutrality."

Mealey's Litigation Procedure - Missouri Federal Judge Finds Lack Of Jurisdiction Over Default Judgment Claims

ST. LOUIS - A Missouri federal court lacks jurisdiction over claims resulting from state default judgments against customers of a household good leasing company, a Missouri federal judge ruled May 15, sending a class lawsuit back to state court (Sade Beaton, et al. v. Rent-A-Center, Inc., No. 18-26,...

Mealey's Litigation Procedure - With No Error On Expert Ruling, Summary Judgment Appropriate, 11th Circuit Holds

ATLANTA - A Florida federal court did not abuse its discretion in excluding an expert's opinion that pollution from a fertilizer factory caused or worsened a woman's pulmonary diseases, and then awarding the factory judgment for lack of expert causation evidence, because the court correctly found...

Mealey's Toxic Tort/Environmental - Wisconsin Court: No Interplay Between Asset Law, Asbestos Successor Liability

WAUSAU, Wis. - A Wisconsin statute governing fraudulent transfer of assets does not alter the fraudulent transfer exception analysis to the general rule against successor liability, a majority of the state's Supreme Court held May 15 (Penny L. Springer v. Nohl Electric Products Corp., et al., No...

Mealey's Toxic Tort/Environmental - New York Justice Finds Similar Asbestos Products Insufficient For Joint Trial

NEW YORK - Similar types of products at the heart of two men's asbestos exposures are not enough to overcome different vectors of exposure and diseases, a New York justice held in denying consolidated trial in an opinion posted May 15 (Joseph Montebianco, et al. v. A.O. Smith Corp., et al., No. 190185...

Mealey's Banking & Finance - Borrower Appeals Summary Judgment Ruling For Wells Fargo To 9th Circuit

SACRAMENTO, Calif. - A borrower who alleged that a bank violated California's unfair competition law (UCL) and other laws when it refused to accept his untimely mortgage payment as part of a trial period plan on May 16 filed a notice of an appeal to the Ninth Circuit U.S. Court of Appeals of a judge's...

Mealey's Toxic Tort/Environmental - NL Industries Agrees To $60M Settlement Of California Lead Paint Litigation

SANTA CLARA, Calif. - Former lead paint manufacturer NL Industries Inc. has agreed to pay $60.18 million to 11 California counties and municipalities for lead paint remediation, according to a May 16 press release from Santa Clara County (County of Santa Clara, et al. v. Atlantic Richfield Company, et...

Mealey's Toxic Tort/Environmental - Washington High Court Majority Finds Emails Between County, Department Privileged

OLYMPIA, Wash. - A 7-2 Washington Supreme Court on May 17 found that emails between a county and the Washington Department of Ecology were protected from disclosure under the Public Records Act (PRA) because they were work product and because the sharing of the information between the parties did not...

Mealey's Banking & Finance - Freddie Mac Properly Removed Quiet Title Lawsuit, 3rd Circuit Holds

PHILADELPHIA - Noting that the Federal Home Loan Mortgage Corp. (Freddie Mac) has the authority to remove a case in which it is named as a party to federal court, the Third Circuit U.S. Court of Appeals on May 15 found that a district court had jurisdiction over a borrower's claims against lenders...

Mealey's Litigation Procedure - Judge Tosses Class Suit Alleging Consumers Believe Diet Pepsi Will Help Weight Loss

NEW YORK - A New York federal judge on May 17 dismissed a class complaint accusing a soda maker of leading customers to believe that its soda would help with weight loss by calling it "diet" soda, ruling that the complaint failed on its merits (Elizabeth Manuel, et al. v. Pepsi-Cola Company...

Mealey's Insurance - Pollution Exclusion Bars Coverage For Noxious Fumes, Odors, Judge Says

COLUMBUS, Ga. - An insurer has no duty to defend its insured against an underlying suit alleging damages as a result of odors emanating from an insured's holding pond because the policy's pollution exclusion clearly bars coverage for the underlying suit, a Georgia federal judge said May 16 (Recyc...

Mealey's Toxic Tort/Environmental - Evidence Lacking Against Asbestos-Talc Defendant, California Court Says

LOS ANGELES - Factually devoid discovery responses and questionable chain of custody over allegedly asbestos-tainted talc samples sinks a man's case, a California appeals court affirmed May 16 (John Wittman v. Coty Inc., No. B286135, Calif. App., 2nd Dist.).

Mealey's Insurance - New York Panel Reinstates Claims Against Insurer, Oil Remediation Company

BROOKLYN, N.Y. - The Second Department New York Supreme Court Appellate Division on May 16 reinstated claims of gross negligence and punitive damages against an insurer and a remediation company after determining that the insureds sufficiently stated facts to support the claims (Richard Bennett, et al...

Mealey's Insurance - Policies Must Be Construed As Primary Policies In Asbestos Exposure Coverage Suit

ELGIN, Ill. - The First District Illinois Appellate Court on May 15 affirmed a trial court's finding that insurance policies issued between 1977 and 1985 to an insured who is seeking coverage for an asbestos exposure claim are primary policies with self-insured retentions and cannot be considered...

Mealey's Toxic Tort/Environmental - New York Appeals Court Affirms Summary Judgment Denial In Lead Case

NEW YORK - A New York state appeals court on May 15 affirmed a trial court's denial of summary judgment in a lead exposure lawsuit, saying the record demonstrates that lead abatement did not begin until after the plaintiff was diagnosed with high blood-lead levels (Christopher Brown v. Wendy Webb...

Mealey's Labor & Employment - Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

WASHINGTON, D.C. - A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v...

Mealey's Securities/D&O Liability - U.S. Supreme Court Declines Review Of Scienter Pleading Standard Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 declined review of a Fourth Circuit U.S. Court of Appeals ruling that an investor failed to properly plead scienter in making his federal securities law claims against a company and two of its senior executives in a class action lawsuit (Maguire Financial...

Mealey's PI/Product Liability - Nebraska Supreme Court Affirms Exclusion Of Accutane Causation Expert

LINCOLN, Neb. - The Nebraska Supreme Court on May 18 affirmed the exclusion of a plaintiff's sole causation expert in an Accutane bowel injury case, saying the expert's methodology failed to meet case law standards (Aimee Freeman v. Hoffman-La Roche Inc., et al., No. 300 Neb. 47, Neb. Sup.).

Mealey's IP/Tech - Federal Circuit Reinstates Verdict That Phone Relay System Patent Is Valid

WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant, post-trial, a defendant's motion for judgment as a matter of law (JMOL) that various claims of a patent directed to a telephone relay system (TRS) are invalid as obvious was erroneous, the Federal Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Panel Says Benefits Are Owed For Amputation Caused By Auto Accident

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 16 reversed a district court's ruling that no benefits are owed under an accidental dismemberment plan after determining that the plan participants met their burden of proving that the amputation of a participant's leg was caused...

Mealey's Securities/D&O Liability - Settlement In Shareholder Derivative Lawsuit Fails To Gain Final Approval

NEW YORK - Reforms agreed to by an investor and several former outside directors of an on-land and offshore wind turbine tower manufacturer in a proposed shareholder derivative lawsuit settlement fail to provide any meaningful benefit to the company the investor or the company's shareholders, a federal...

Mealey's Insurance - Breach Of Contract Claim, Unsupported Bad Faith Claim Dismissed

MOBILE, Ala. - In granting a motion to strike and dismiss, a federal judge in Alabama on May 16 ruled that two claims in an insurance breach of contract and bad faith lawsuit are nearly identical, and an insured's bad faith claim lacks any factual allegations to support it (Carlos Todd v. State Farm...

Mealey's Insurance - Judge Declines To Join Insurers' Receiver To Breach Of Fiduciary Suit

ST. LOUIS - A Missouri federal judge on May 16 denied a request to join a special deputy receiver for three insolvent insurers to a breach of fiduciary lawsuit against a trustee for its role on pre-need funeral contracts because the trustee does not state in what capacity it would like to join the receiver...

Mealey's Insurance - N.Y. State Justice Dismisses Insureds' Suit Seeking Coverage For Garage Collapse

MINEOLA, N.Y. - A New York state justice on May 16 dismissed a suit filed by insureds in a dispute over coverage for the collapse of their garage after determining that the insureds failed to prove that the insurer breached its contract, acted in bad faith or committed fraud in its handling of the claim...

Mealey's Insurance - Panel Upholds Class Action Status In Dispute Over Illegal Insurance Transactions

BATON ROUGE, La. - A Louisiana appeals panel on May 16 affirmed certification of a class in a case against state agencies and insurers over illegal transactions made to protect the Louisiana Insurance Guaranty Association (Donald W. Abshire v. The State of Louisiana, et al., No. 2017CA0689 c/w 2017CA0690...